AP, H1B- At the Airport?

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noname2020

Registered Users (C)
Hi. I am traveling to India for about a month. I have an approved H1B visa till 2010 but not a new stamp in the passport. I also have an approved and valid EAD and AP.

I have a couple of questions:

1. Do I surrender all I-94s- even the one on the Approval notice for H1 B renewal which is valid till 2010?

2. Do I keep both the copies of AP with me or I have to surrender one before leaving the US?

3. If I use AP to re enter US, and not get a stamp for the new H1 B, does it imply that I am no longer on the H1 visa?


Any help will be appreciated. Thanks a lot.
 
1. Do I surrender all I-94s- even the one on the Approval notice for H1 B renewal which is valid till 2010?

Yes, tear off the I-94 from the bottom of the 797. Make a copy for yourself before you tear it out.
The new one that came with your 797 is the valid I-94, but there is no harm, and I have in the past, surrendered both I-94s when departing.

2. Do I keep both the copies of AP with me or I have to surrender one before leaving the US?

Yes, you keep both copies. You'll submit only one on entering the US. The second one is if you want to make another trip outside the US. I was given 3 copies of AP.

3. If I use AP to re enter US, and not get a stamp for the new H1 B, does it imply that I am no longer on the H1 visa?

I have confirmed this with my lawyer, as it applies to me too:
As long as you haven't changed employment. i.e. if the employer whose H1 you have is the same employer who sponsored your GC, you can enter the country on your AP and still maintain your H1B status.
 
Go ahead witout fear. I have entered the country in the same situation in Jan 2008.

My H1 was expiring in May 08 (My H1 on passport had expired) and I had a AP and EAD. I eneterd in USA in JAn 08. showed my EAD and AP to immigration officer.

No questions were asked. They just asked me to sit. After 15 minutes my name was called and I was allowed to walk out.

I am with the same employer for quite some time.
 
Question

3. If I use AP to re enter US, and not get a stamp for the new H1 B, does it imply that I am no longer on the H1 visa?

I have confirmed this with my lawyer, as it applies to me too:
As long as you haven't changed employment. i.e. if the employer whose H1 you have is the same employer who sponsored your GC, you can enter the country on your AP and still maintain your H1B status.
Click to expand...

I understand the part where if we haven't changed employer, we can still maintain the H1B status after entering as a Parolee (using Advance Parole document and no H1 visa stamp). What can be done if we want to change employer? Can we still file for a new H1 (transfer?) and maintain our H1-B status?
 
Actually that's not true: if you enter the US as a parolee you do NOT maintain H-1B status. You just entered as a parolee, which by definition means you do not have a non-immigrant status.

What is true, however, is that if you were in H-1B status before you left the US, and your H-1B document (approval/extension) is still valid after you return as a parolee, you can still continue to work for your H-1B sponsor without an EAD. But your immigration status is not H-1B, you are still a parolee.

If you want to change your employer, then either your new employer files a new H-1B extension for you (which will actually put you back in H-1B status once it is approved) OR you obtain an EAD and work with it, in which case you will remain a parolee.
 
Thanks jk0274

Thanks jk0274 - This makes it quite clear. I have an EAD, so I might use that to work in case, I get a better opportunity somewhere.
 
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